Research On The Protection Of Rights Of Privacy In Criminal Investigation

The reform of criminal procedure has always been one of the focuses in the domain of China's criminal justice. Deferred prosecution solicited fierce arguments in the academic of law since the beginning of its practice. Although some scholars advanced doubts about deferred prosecution, it was still vastly tried out by grass-root procuratorates in the judicial practice, which acquired favorable effect. The author holds that although it doesn't have relative legal bases, deferred prosecution is in favor of saving judicial resources reflecting the requirement of economy of punishment, perfecting the function of public prosecution and the prosecutorial function, and realizing the education and correction of the criminals in order for them to return to the society successfully achieving the punishment's effect of preventing crime. Therefore, it's quite imperative to carry out deferred prosecution in China.This dissertation plans to probe into the above subject. Firstly, the author expounds the concept and characters of deferred prosecution, analyzes its differences from other relative concepts, and at the same time interprets the theoretical bases of deferred prosecution from the aspects of the transformation of the punishment view, the changes of the system of criminal litigation and the origin of relative theories. As deferred prosecution has developed to be quite mature and consummated in many countries and districts, it could provide necessary referring value for constructing this system in China. This dissertation examines and analyzes similar systems in foreign countries and Taiwan for reference. Then, from the flaws of current judicial system and the function of deferred prosecution, analyzes the necessity and feasibility of carrying out deferred prosecution in China. Finally, on the foundation of summing up about a decade's experience of practicing deferred prosecution in China and in the hope of stipulating this system as soon as possible, in this dissertation the author brings forward some assumptions of constructing China's system of deferred prosecution, including five aspects of it:the applying extension, the accounting factors, the execution of procedure, the mechanism of examination and the mechanism of restriction.